Non-fatals (ABH)

Question 1

Define the AR of ABH

Answer 1

An assault or battery occasioning actual bodily harm

Question 2

Define the MR of ABH

Answer 2

The intention or subjective recklessness to cause V to apprehend unlawful force

Question 3

List all of the cases illustrating ABH

Answer 3

Miller (overulled by RvR)
T v DPP 
DPP v Smith 
Chan fook 
DPP v K 
DPP v majeski
DPP v Beard
Savage and Parmenter 
Cunningham

Question 4

List the facts and significance of miller

Answer 4

Facts: D threw his wife to the floor on multiple occasions and raped her.
Ratio: Actual bodily harm includes hurt or injury calculated to interfear with the health or discomfort of tthe victim.

Question 5

List the facts and significance of T v DPP

Answer 5

Facts: V chased by a group of youths, he fell and was kicked unconscious by a group of youths.
Ratio: Loss of consciousness even for a short time is ABH

Question 6

List the facts and ratio of DPP v Smith

Answer 6

Facts: D broke into ex girlfriends house and cut off her pony tail
Ratio: The loss or damage to features is ABH but it can not be small and trivial

Question 7

List the facts and Ratio of Chan Fook

Answer 7

Facts: French student stole teachers ring and D reacted and V suffered a dislocated hip.
Ratio: To amount to actual bodily harm the injury must not be permanent but so significant. Mere emotions are also not significant and psychiatric harm must be noted by a medical professional.

Question 8

List the facts and ratio of DPP v K

Answer 8

Facts: D placed acid in hand dryer and V’s hands were burnt by the acid.
Ratio: An indirect act can be the actus reus for an assault occasioning actual bodily harm

Question 9

List the facts and ratio of cunningham

Answer 9

Facts: D tore the gas metre off the wall, occasioning to the woman next door being poisoned by the gas
Ratio: D did not foresee the risk

Question 10

List the facts and ratio of savage and parmenter

Answer 10

Facts: Savage-D threw beer at V and the glass slipped and hit V
Parmenter- D threw baby in the air and caused brusing
Ratio: D must not foresee the consequence but have some level of knowledge about the consequence.